Damla Carson, Cox’s physician in Dallas, told the court that she had concluded that a dilation-and-evacuation abortion is medically recommended to preserve Cox’s health and future fertility. “Dr. Karsan, however, cannot risk liability under Texas’s abortion bans and laws for providing Ms. Cox’s abortion absent intervention from the court confirming that doing so will not jeopardize Dr. Karsan’s medical license, finances, and personal liberty,” the judge noted. She accordingly granted the TRO against the state of Texas and its officials.
After the court’s ruling, however, Texas Attorney General Ken Paxton responded by sending threatening letters to three Houston-area hospitals. He strongly suggested that the state would punish the hospitals and their doctors if they facilitated the procedure, despite the court’s ruling. “The TRO will not insulate you, or anyone else, from civil and criminal liability for violating Texas’ abortion laws, including first degree felony prosecutions and civil penalties of not less than $100,000 for each violation,” the letter warned.
Paxton also not so subtly warned that the TRO does not prevent Texas residents from using S.B. 8, the state’s abortion bounty law, to bring private lawsuits against anyone who aids and abets the procedure. “Nor does it prohibit a district or county attorney from enforcing Texas’ pre-Roe abortion laws against you, Dr. Karsan, or anyone else,” the letter claimed. “We remind you that the TRO will expire long before the statute of limitations for violating Texas’ abortion laws expires.”